Title TN, Transportation Code

Sec. 258.006. TAX ABATEMENT; REVERSION OF INTEREST. (a) A private right, title, or interest, other than a mineral interest, held by a person in land underlying a road in which the county has successfully asserted the existence of a public interest under this chapter is exempt fro…

Sec. 258.007. APPLICATION OF CHAPTER. This chapter applies only to a county that initiates or completes compliance with the provisions of this chapter before September 1, 2011. Added by Acts 2003, 78th Leg., ch. 236, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2009, 81st Leg., R…

Sec. 280.001. CONDEMNING RAILROAD ROADBED. The commissioners court of a county may condemn a railroad roadbed on the petition of at least 20 freeholders of an unincorporated community for the purpose of opening, widening, or extending a street in the community. Acts 1995, 74th Le…

Sec. 280.002. AUTHORITY OF CERTAIN COUNTIES TO REMOVE PROPERTY FROM COUNTY ROADS. (a) In this section, "personal property" includes personal property of any kind or character, including a motor vehicle. (b) This section applies only to a county with a population of 3.3 million or…

Sec. 280.003. STREET LIGHTS ON COUNTY ROADS IN CERTAIN COUNTIES. (a) This section applies only to the unincorporated area of a county: (1) that has any of its territory located within 150 miles of an international boundary; (2) with a population of more than 650,000 that is adjac…

Sec. 281.001. APPLICABILITY OF CHAPTER. This chapter applies only to a county with a population of 50,000 or less. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 281.002. ACQUISITION OF PUBLIC INTEREST IN PRIVATE ROAD. A county may acquire a public interest in a private road only by: (1) purchase; (2) condemnation; (3) dedication; or (4) a court's final judgment of adverse possession. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept.…

Sec. 281.003. DEDICATION. (a) For purposes of this chapter, a dedication must be: (1) an explicit voluntary grant of the use of a private road for public purposes; and (2) communicated in writing to the commissioners court of the county in which the real property is located. (b) …

Sec. 281.004. ADVERSE POSSESSION. For purposes of this chapter, adverse possession is not established by the: (1) use of a private road by the public with the permission of the owner; or (2) maintenance with public funds of a private road in which a public interest is not recorde…

Sec. 281.005. RESOLUTION OF COMMISSIONERS COURT. (a) After a public interest in a private road is acquired under this chapter, the commissioners court of the county in which the road is located shall record by resolution the interest in the records of the court. (b) The resolutio…

Sec. 281.006. NOTICE TO OWNER REQUIRED. A commissioners court may not assert a public interest in a private road acquired under this chapter until the court: (1) complies with Section 281.005; and (2) gives written notice to the owner of the road in person or by registered mail t…

Sec. 281.007. CONTEST. A person asserting a right, title, or interest in a private road in which a public interest is asserted under this chapter may file suit in a district court in the county in which the road is located not later than the second anniversary after the later of:…

Sec. 282.001. APPLICABILITY OF CHAPTER. This chapter applies only to a county with a population of 350,000 or more. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 282.002. GRANT OF FRANCHISE AUTHORIZED. The commissioners court of a county may grant to a person a franchise for the construction, maintenance, and operation of a toll underpass or tunnel under a body of water and any necessary approach to the underpass or tunnel. Acts 1995…

Sec. 282.003. TERM OF FRANCHISE. The term of a franchise granted under this chapter may not exceed 50 years. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 282.004. CONTRACT AUTHORIZED. The commissioners court may contract with the franchisee to finance, construct, own, maintain, and operate a toll underpass or tunnel and any approach. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 282.005. MAINTENANCE REQUIRED. (a) The franchise must be conditioned on the franchisee's building and keeping in continuous repair, for the term of the franchise, the toll underpass or tunnel and any approach in accordance with the plans and specifications in the contract an…

Sec. 282.006. TOLL. The commissioners court and the franchisee shall agree on a reasonable toll to impose for all cattle, railroads, persons, or vehicles that pass through the underpass or tunnel. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 282.007. OPTION OF COUNTY TO PURCHASE. The contract and franchise granted may provide that the county has the right to purchase the underpass or tunnel at the time and price specified by the contract or franchise. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 282.008. OWNERSHIP BY COUNTY AUTHORIZED. The commissioners court may provide for the county to construct, acquire, own, and operate an underpass or tunnel and any necessary approach as part of the county's road and bridge system. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. S…

Sec. 282.009. CROSSING UNDER NAVIGABLE BODY OF WATER. The franchise must provide that the underpass or tunnel be constructed so that, where it crosses a navigable body of water, the tunnel or underpass is at a depth below the fixed navigable depth of the body of water adequate to…

Sec. 282.010. TOLL BY COUNTY AUTHORIZED. The commissioners court of a county that operates an underpass or tunnel may impose a toll for use of the underpass or tunnel. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 282.011. CONDEMNATION OF RIGHT-OF-WAY OR EASEMENT. A county may condemn a right-of-way or easement in real property necessary to construct an underpass, tunnel, or approach. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 282.012. GRANTS OR LOANS OF PUBLIC FUNDS. A commissioners court may enter into an agreement that relates to a grant or loan of public funds from the federal government as necessary to carry out this chapter. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 283.001. DEFINITIONS. In this chapter: (1) "Bondholder" includes a trustee for a bondholder. (2) "Bond instrument" means a bond resolution or trust indenture. (3) "Interim bond" means a temporary bond, with or without coupons, that may be converted to a definitive bond. (4) …

Sec. 283.002. APPLICABILITY. This chapter applies only to a county that: (1) borders on the Gulf of Mexico; and (2) has a population of at least 20,000 as determined before the issuance of bonds under this chapter. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 283.003. GENERAL AUTHORITY TO ACT. (a) Except as provided in Subsection (b), a county acting through its commissioners court may: (1) construct, acquire, improve, operate, and maintain a project; (2) authorize by resolution and issue revenue bonds, including interim bonds, t…

Sec. 283.101. ACQUISITION OF PROPERTY. (a) A county acting under this chapter may enter on land, water, or other premises to make a survey, sounding, or examination of the property. (b) When a condemnation proceeding is filed by a county, the county may take immediate possession …

Sec. 283.102. MANAGEMENT OF PROJECT. (a) A bond instrument may allow the project to be managed and controlled by a board of trustees while the bonds issued are outstanding. (b) The bond instrument in providing for a board of trustees must: (1) name no more than five board members…

Sec. 283.103. TOLLS REQUIRED. The county shall impose tolls and other charges for use of the project in amounts that are sufficient to: (1) pay operation and maintenance costs of the project; (2) pay principal and interest when due on the bonds; (3) establish a reserve fund if re…

Sec. 283.104. OPERATION AND MAINTENANCE OF PROJECT. (a) The commission may: (1) agree with a county to operate, maintain, or contribute to the maintenance costs of a project if the agreement is not inconsistent with the rights of the bondholders; (2) lease a project from a county…

Sec. 283.201. BOND PROCEEDS. (a) Except as provided in Subsection (b), the proceeds of bonds issued under this chapter shall be: (1) used only to pay the cost of the project described by Section 283.202; and (2) disbursed consistent with the terms of the bond instrument. (b) Bond…

Sec. 283.202. COSTS AND EXPENSES. (a) The cost of the project may include: (1) the cost of construction; (2) the cost of all property used in the construction, acquisition, improvement, operation, or maintenance of the project; (3) payment of the cost of condemning property, incl…

Sec. 283.203. SOURCE OF REPAYMENT. (a) A bond authorized by this chapter may be paid only from the revenues received from the operation of the project. (b) The bond is not a debt of the county. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 283.204. DEPOSITORY FOR PROCEEDS AND REVENUES. A bank or trust company in this state may: (1) act as a depository of bond proceeds or revenues received from the operation of a project; and (2) provide an indemnity bond or pledge securities required by the county. Acts 1995, …

Sec. 283.205. TRUST INDENTURE PERMITTED. (a) A bond authorized by this chapter may be secured by a trust indenture between the county and a corporate trustee that is a trust company or bank with the powers of a trust company. (b) A trust indenture may pledge or assign revenues. (…

Sec. 283.206. BOND PROVISIONS. (a) A bond authorized by this chapter shall contain the following clause: "The holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation." (b) A bond instrument may contain prov…

Sec. 283.207. BOND APPROVAL AND REGISTRATION. (a) A bond issued under this chapter may be presented to the attorney general for approval in the same manner and with like effect as is provided for the approval of a tax bond issued by a county. (b) After approval by the attorney ge…

Sec. 283.208. RIGHTS OF BONDHOLDERS. (a) A bond issued under this chapter creates and grants a lien on bond proceeds in favor of a bondholder until the bond is paid. (b) In addition to other legal remedies, a bondholder may enforce the bondholder's rights against: (1) a county an…

Sec. 283.209. RECEIVERSHIP. (a) A receiver appointed under Section 283.208, acting in the same manner as the county, may: (1) take possession of the project; (2) maintain the project; and (3) collect and receive revenues received from the project. (b) The receiver shall dispose o…

Sec. 283.210. TAX STATUS OF BONDS. A bond issued under this chapter, the transfer of and income from the bond, and any profit made in the sale of the bond is exempt from taxation by this state or a political subdivision of this state. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. S…

Sec. 284.001. DEFINITIONS. In this chapter: (1) "Bond instrument" means a bond trust indenture and a bond resolution. (2) "Bond resolution" means an order or resolution of a commissioners court authorizing the issuance of bonds. (3) "Project" means: (A) a causeway, bridge, tunnel…

Sec. 284.002. APPLICABILITY TO CERTAIN COUNTIES AND LOCAL GOVERNMENT CORPORATIONS. (a) Except as provided by Subsection (b), this chapter applies only to a county that: (1) has a population of 50,000 or more and borders the Gulf of Mexico or a bay or inlet opening into the gulf; …

Sec. 284.003. PROJECT AUTHORIZED; CONSTRUCTION, OPERATION, AND COST. (a) A county, acting through the commissioners court of the county, or a local government corporation, without state approval, supervision, or regulation, may: (1) construct, acquire, improve, operate, maintain,…

Sec. 284.0031. OTHER ROAD, STREET, OR HIGHWAY PROJECTS. (a) The commissioners court of a county or a local government corporation, without state approval, supervision, or regulation may: (1) authorize the use or pledge of surplus revenue to pay or finance the costs of a project f…

Sec. 284.004. USE OF COUNTY PROPERTY. (a) Notwithstanding any other law, a county may use any county property for a project under this chapter, regardless of when or how the property is acquired. (b) In addition to authority granted by other law, a county may use state highway ri…